BILL NUMBER: AB 280	CHAPTERED  09/19/00

	CHAPTER   521
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   JUNE 6, 2000
	AMENDED IN SENATE   JULY 14, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Zettel
   (Principal coauthor:  Assembly Member Correa)

                        FEBRUARY 4, 1999

   An act to amend Sections 22352 and 40802 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 280, Zettel.  Vehicles:  speed limits.
   Under existing law, the prima facie vehicle speed limit is 25
miles-per-hour under certain circumstances, including when passing a
school building or the grounds thereof, if the school grounds are
contiguous to a highway and a standard school warning sign is posted.

   This bill would provide that the above described 25 mile-per-hour
speed limit with respect to school grounds is applicable when
approaching or passing the school grounds.
   Existing law relating to speed traps defines "school zone" as that
area of road contiguous to a school building or the grounds thereof
and on which is posted a standard "SCHOOL" warning sign, while
children are going to or leaving the school either during school
hours or during the noon recess period.
   This bill would instead define school zone for this purpose as
that area of road approaching or passing a school building or the
grounds thereof that is contiguous to a highway and on which is
posted a standard "SCHOOL" warning sign, while children are going to
or leaving the school either during school hours or during the noon
recess period.  The bill would also provide that "school zone" for
those purposes includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
   To the extent these changes would expand the scope of a crime, the
bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 22352 of the Vehicle Code, as amended by
Section 1 of Chapter 421 of the Statutes of 1997, is amended to read:

   22352.  (a) The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:
   (1) Fifteen miles per hour:
   (A) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have a
clear and unobstructed view of the crossing and of any traffic on the
railway for a distance of 400 feet in both directions along the
railway.  This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly visible
electrical or mechanical railway crossing signal device is installed
but does not then indicate the immediate approach of a railway train
or car.
   (B) When traversing any intersection of highways if during the
last 100 feet of the driver's approach to the intersection the driver
does not have a clear and unobstructed view of the intersection and
of any traffic upon all of the highways entering the intersection for
a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.
   (C) On any alley.
   (2) Twenty-five miles per hour:
   (A) On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
   (B) When approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted with a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period.  The
prima facie limit shall also apply when approaching or passing any
school grounds which are not separated from the highway by a fence,
gate or other physical barrier while the grounds are in use by
children and the highway is posted with a standard "SCHOOL" warning
sign.  For purposes of this subparagraph, standard "SCHOOL" warning
signs may be placed at any distance up to 500 feet away from school
grounds.
   (C) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard "SENIOR" warning sign.  A local authority
is not required to erect any sign pursuant to this paragraph until
donations from private sources covering those costs are received and
the local agency makes a determination that the proposed signing
should be implemented.  A local authority may, however, utilize any
other funds available to it to pay for the erection of those signs.
   (3) Thirty-five miles per hour on any highway, other than a state
highway, in any moderate density residential district, as defined in
subdivision (b) of Section 22352.1, when posted with a sign giving
notice of that speed limit, unless a different speed is determined by
local authority under procedures set forth in this code.
   (b) This section shall remain in effect only until March 1, 2001,
and as of that date is repealed, unless a later enacted statute, that
is enacted on or before March 1, 2001, deletes or extends that date.

  SEC. 2.  Section 22352 of the Vehicle Code, as added by Section 2
of Chapter 421 of the statutes of 1997, is amended to read:
   22352.  (a) The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:
   (1) Fifteen miles per hour:
   (A) When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have a
clear and unobstructed view of the crossing and of any traffic on the
railway for a distance of 400 feet in both directions along the
railway.  This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly visible
electrical or mechanical railway crossing signal device is installed
but does not then indicate the immediate approach of a railway train
or car.
   (B) When traversing any intersection of highways if during the
last 100 feet of the driver's approach to the intersection the driver
does not have a clear and unobstructed view of the intersection and
of any traffic upon all of the highways entering the intersection for
a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.
   (C) On any alley.
   (2) Twenty-five miles per hour:
   (A) On any highway other than a state highway, in any business or
residence district unless a different speed is determined by local
authority under procedures set forth in this code.
   (B) When approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted with a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period.  The
prima facie limit shall also apply when approaching or passing any
school grounds which are not separated from the highway by a fence,
gate, or other physical barrier while the grounds are in use by
children and the highway is posted with a standard "SCHOOL" warning
sign.  For purposes of this subparagraph, standard "SCHOOL" warning
signs may be placed at any distance up to 500 feet away from school
grounds.
   (C) When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard "SENIOR" warning sign.  A local authority
is not required to erect any sign pursuant to this paragraph until
donations from private sources covering those costs are received and
the local agency makes a determination that the proposed signing
should be implemented.  A local authority may, however, utilize any
other funds available to it to pay for the erection of those signs.
   (b) This section shall become operative on March 1, 2001.
  SEC. 3.  Section 40802 of the Vehicle Code is amended to read:
   40802.  (a) A "speed trap" is either of the following:
   (1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
   (2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects.  This paragraph does not apply to a local
street, road, or school zone.
   (b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
   (A) Roadway width of not more than 40 feet.
   (B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
   (C) Not more than one traffic lane in each direction.
   (2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period.  "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
   (c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
   (A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.

   (B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
   (C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2).  The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
   (ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
   (D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
   (2) A "speed trap" is either of the following:
   (A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
   (B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
   (I) Except as specified in subclause (II), seven years.
   (II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
   (ii) This subparagraph does not apply to a local street, road, or
school zone.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
